Re B (No. 1) [2011] NSWSC 1075

Supreme Court New South Wales

Medium Neutral Citation: Re B (No. 1) [2011] NSWSC 1075 Hearing dates: 7 September 2011 Decision date: 15 September 2011 Jurisdiction: Equity Division - Protective List Before: White J Decision: Refer to para [83] of judgment. Catchwords: GUARDIANSHIP - application in parens patriae jurisdiction to set aside order to set aside orders of Guardianship Tribunal - inherent jurisdiction of Court preserved by s 8, Guardianship Act 1987 - approach exercise of parens patriae jurisdiction as if application were an appeal on a question of law or an application for leave - where no dispute that person in need of a guardian- where Public Guardian appointed as guardian - where family member available - errors of law and errors of process of decision-making of Guardianship Tribunal - Public Guardian should not be appointed in circumstances in which order can properly be made in favour of another person - s 15(3), Guardianship Act 1987 - Guardianship Tribunal failed to make necessary factual findings - Guardianship Tribunal's orders set aside - whether matter should be remitted to the Guardianship Tribunal - further hearing ordered before the court as to who should be appointed guardian - status quo maintained in the interim Legislation Cited: Guardianship Act 1987 Aged Care Act 1997 (Cth) Cases Cited: W v G [2003] NSWSC 1170; (2003) 59 NSWLR 220 PV v The Public Guardian [2009] NSWADTAP 68 Re Victoria [2002] NSWSC 647 Re Elizabeth [2007] NSWSC 729 S v S [2001] NSWSC 146 K v K [2000] NSWSC 1052 P v D1 [2011] NSWSC 257 EB v Guardianship Tribunal [2011] NSWSC 767 Slinko v Guardianship and Administrative Tribunal [2006] QSC 039; [2006] 2 Qd R 279 Application of SJ [2011] NSWSC 372 Category: Principal judgment Parties: The Plaintiff (Plaintiff) NSW Trustee & Guardian (1st Defendant) Guardianship Tribunal (2nd Defendant) John (3rd Defendant) Mrs B (4th Defendant) Representation: In person (Plaintiff) C Phang, solicitor (Defendant) File Number(s): 2011/46118